(a) A retired perfusionist licensed by the board whose only practice is the provision of voluntary charity care shall be exempt from the registration fee.
(b) As used in this section:
  (1) "voluntary charity care" means perfusion services provided for no compensation to:
    (A) indigent populations;
    (B) in medically underserved areas; or
    (C) for a disaster relief organization.
  (2) "compensation" means direct or indirect payment of anything of monetary value, except payment or reimbursement of reasonable, necessary, and actual travel and related expenses.
(c) To qualify for and obtain such an exemption, a perfusionist must truthfully certify under oath, on a form approved by the board that the following information is correct:
  (1) the perfusionist's practice of perfusion does not include the provision of perfusion services for either direct or indirect compensation which has monetary value of any kind;
  (2) the perfusionist's practice is limited to voluntary charity care for which the perfusionist receives no direct or indirect compensation of any kind for perfusion services rendered; and
  (3) the perfusionist's practice does not include the provision of perfusion services to members of the perfusionist's family.
(d) A perfusionist who qualifies for and obtains an exemption from the registration fee authorized under this section shall obtain and report continuing education as required under the Act and §188.24 of this chapter (relating to Continuing Education), except that the number of credits of CE required shall be equal to two-thirds of the number of continuing education hours required for renewal for a licensed perfusionist.
(e) A retired perfusionist who has obtained an exemption from the registration fee as provided for under this section, may be subject to disciplinary action under the Act based on unprofessional or dishonorable conduct likely to deceive, defraud, or injure the public if the perfusionist engages in the compensated practice of perfusion or the provision of perfusion services to members of the perfusionist's family.
(f) A perfusionist who attempts to obtain an exemption from the registration fee under this section by submitting false or misleading statements to the board shall be subject to disciplinary action pursuant to the Act in addition to any civil or criminal actions provided for by state or federal law.
(g) A perfusionist may return to active status by applying to the board, paying an application fee equal to an application fee for a perfusionist license, complying with the requirements for license renewal under the Act, and demonstrate any formal or informal continuing education obtained during the period of retired status, provide a description of all voluntary charity care provided during the period of retired status, and complying with subsection (h) of this section.
(h) The request of a perfusionist seeking a return to active status whose license has been placed on official retired status for two years or longer shall be submitted to the Licensure Committee of the board for consideration and a recommendation to the full board for approval or denial of the request. After consideration of the request and the recommendation of the Licensure Committee, the board shall grant or deny the request. If the request is granted, it may be granted without conditions or subject to such conditions which the board determines are necessary to adequately protect the public including but not limited to:
  (1) completion of specified continuing education hours approved for Category 1 credits by a CE sponsor approved by the ABCP;
  (2) limitation and/or exclusion of the practice of the applicant to specified activities of the practice as a perfusionist;
  (3) remedial education; and/or
  (4) such other remedial or restrictive conditions or requirements which, in the discretion of the board are necessary to ensure protection of the public and minimal competency of the applicant to safely practice as a perfusionist.
(i) The request of a perfusionist seeking a return to active status whose license has been placed on retired status providing voluntary charity care for less than two years may be approved by the executive director of the board or submitted by the executive director to the Licensure Committee for consideration and a recommendation to the full board for approval or denial of the request. In those instances in which the executive director submits the request to the Licensure Committee of the board, the Licensure Committee shall make a recommendation to the full board for approval or denial. After consideration of the request and the recommendation of the Licensure Committee, the board shall grant or deny the request subject to such conditions which the board determines are necessary to adequately protect the public including, but not limited to, those options provided in subsection (h) of this section.
(j) In evaluating a request of a perfusionist seeking a return to active status whose license has been placed on retired status providing voluntary charity care, the Licensure Committee or the full board may require a personal appearance by the requesting perfusionist at the offices of the board, and may also require a physical or mental examination by one or more perfusionists or other health care providers approved in advance in writing by the executive director, the secretary-treasurer, the Licensure committee, or other designee(s) determined by majority vote of the board.

Source Note: The provisions of this §188.26 adopted to be effective July 7, 2016, 41 TexReg 4828; amended to be effective November 13, 2018, 43 TexReg 7461